The Supreme Court is taking up a case that could shut LGBTQ+ families out of preschool

The U.S. Supreme Court will hear a case that could determine whether children of LGBTQ+ parents can be turned away from publicly funded preschool programs run by religious schools.

On Monday, the justices granted review in St. Mary Catholic Parish in Littleton v. Roy, a challenge to Colorado’s universal preschool program and its requirement that participating providers not discriminate against children based on characteristics including sexual orientation and gender identity.

Two courts have already ruled against the church. A federal district court rejected its claims, and the U.S. Court of Appeals for the Tenth Circuit affirmed, holding that Colorado’s nondiscrimination rule is a neutral law that applies to religious and secular providers alike.

LGBTQ+ groups in Colorado expressed alarm over the high court’s decision to take the case.

"In Colorado, we believe every child deserves to belong in their community and in their classroom," Mardi Moore, CEO of Rocky Mountain Equality, told The Advocate in a statement. "Colorado’s universal preschool program was built on that promise: that public dollars serve all children without exception. When a preschool uses taxpayer funding to turn away a four-year-old because of who their parents love, it isn't exercising religious freedom. It's using public money to teach discrimination."

Colorado’s program, created after voters approved a 2020 ballot measure and implemented in 2022, guarantees most 4-year-olds access to free preschool, typically at least 15 hours a week in the year before kindergarten. Families can choose among public, private, and faith-based providers, with the state reimbursing participating schools.

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But participation comes with conditions. Providers that accept public funds must agree to meet program standards, including a nondiscrimination requirement that ensures equal access for all eligible children.

For the Catholic parishes, preschools, and families behind the lawsuit, that condition is the constitutional fault line. They argue it forces them to choose between participating in a public benefit and adhering to religious teachings about marriage and family — a choice they say the First Amendment does not permit.

Their argument draws on a line of recent Supreme Court decisions that have expanded protections for religious institutions in public funding programs. It also cites the court’s language in Obergefell v. Hodges, which recognized marriage equality nationwide while emphasizing that people of faith retain the right to hold and express contrary views.

Lower courts were unpersuaded, relying on Employment Division v. Smith, which holds that generally applicable laws may stand even when they incidentally burden religious exercise. The challengers are now asking the justices not only to rule in their favor, but to reconsider that framework.

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The dispute also turns on whether Colorado’s policy is truly neutral. The challengers argue it is not, pointing to exceptions in the preschool program that allow providers to prioritize certain groups, such as low-income families or children with disabilities. Lower courts rejected that argument, finding the nondiscrimination requirement applies across the board.

The Trump administration has backed the challengers, warning that allowing Colorado’s policy to stand could stymie religious exercise in major portions of the country. In its amicus brief, the U.S. government told the court it has “a substantial interest in the preservation of the free exercise of religion” and argued that Colorado’s policy risks excluding religious families and schools from a public program because of their beliefs. The brief also emphasized that the legal questions presented are significant and recurring, warranting the court’s review.

For LGBTQ+ families, the stakes are immediate. The outcome could determine whether publicly funded preschool programs remain open to their children on equal terms, or whether religious providers participating in those programs can turn them away.

The case is expected to be argued in the court’s next term, which begins in October, with a decision likely by June 2027.

"Early childhood is where children first learn whether the world is a place that welcomes them," Moore said. "That lesson should never be that they don’t belong. We stand firmly with the families fighting to ensure that Colorado’s commitment to every child is more than just words."